Court Explains Grounds for Setting Aside a Medical Malpractice Verdict in New York

Medical malpractice verdicts must rest on legally sufficient evidence linking a physician’s conduct to a patient’s injuries. In other words, even when a jury finds a departure from accepted standards of care, that finding must be supported by proof that the departure caused harm. The importance of establishing proximate cause through expert testimony was illustrated by a recent New York ruling in which the court overturned a jury verdict in favor of a plaintiff who alleged inadequate treatment of an eye condition, holding that the evidence at trial failed to support the required legal standard. If you believe you were injured due to negligent medical treatment, you should consult with a seasoned Syracuse medical malpractice attorney to evaluate your case.

Factual and Procedural Setting

It is reported that the plaintiff underwent LASIK eye surgery in September 2014 by a third-party physician and remained under that provider’s care until late October 2014. On October 27, 2014, the plaintiff began treatment with the defendant, an ophthalmologist, for post-surgical complications. These complications included symptoms suggestive of diffuse lamellar keratitis, a noninfectious inflammatory condition affecting the cornea.

It is alleged that the plaintiff’s condition worsened, and by November 18, 2014, she was under the care of a third ophthalmologist who took a culture from her right eye. On December 1, 2014, she was diagnosed with infectious keratitis, and shortly thereafter, she began antibiotic treatment. The plaintiff initiated a medical malpractice action against multiple parties, including the defendant physician and his professional corporation, claiming that they failed to diagnose and treat the infection appropriately by not performing a culture during her care.

It is further reported that the case proceeded to trial, where the jury found in favor of the plaintiff, concluding that the defendant’s failure to take a culture constituted a deviation from accepted medical practice and was a substantial factor in causing her injuries. The jury awarded the plaintiff $790,000 in damages for past and future pain and suffering. The defendants then moved to set aside the verdict under CPLR 4404(a), arguing that the plaintiff failed to prove causation. The trial court denied the motion, and the defendants appealed.

Grounds for Setting Aside a Medical Malpractice Verdict

On appeal, the court reversed the trial court’s judgment, concluding that there was no valid basis for the jury’s finding on proximate cause. The court began by emphasizing that, to prevail in a medical malpractice case, a plaintiff must establish both that the physician deviated from accepted standards of care and that such deviation was a proximate cause of the plaintiff’s injury. Proximate cause, in this context, requires proof that the alleged departure more likely than not contributed to or caused the harm at issue.

In evaluating the trial record, the court noted that the plaintiff’s own medical expert conceded that the defendant’s failure to perform a culture on the plaintiff’s eye was not a substantial factor in the development of the infection or its progression. Without expert testimony linking the failure to perform the culture to the injuries suffered, the jury could not reasonably infer that the physician’s conduct caused the plaintiff’s harm. The court explained that speculative or unsupported conclusions are insufficient to meet the legal threshold for causation in a medical malpractice case.

Because there was no evidence from which the jury could conclude that the defendant’s actions diminished the plaintiff’s chance of a better outcome or increased the severity of her injuries, the court found that the verdict could not stand. It therefore granted the defendants’ motion to set aside the verdict and entered judgment in their favor, dismissing the claims asserted against them.

Speak with a Trusted Syracuse Medical Malpractice Attorney

Establishing a successful medical malpractice claim in New York requires more than proving a medical error occurred. Plaintiffs must show, through reliable medical evidence, that the error directly caused their injury. If you have been harmed due to what you believe was negligent medical treatment, the experienced Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can help assess your case and explain your legal rights. Contact us at 833-200-2000 or reach out online to schedule a free and confidential consultation. We represent clients throughout Syracuse, Rochester, and Upstate New York.

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